RDA Agmt 2008 Hornet Associates - Laserfiche WebLink

Home

has been no default in the Agreement. If Owner defaults in this Agreement pursuant to the provisions therein at any time during the Term, the Loan shall become due and payable immediately. The loan is to be secured against the real property located at 140-144 Joaquin Avenue with a deed of trust and promissory note to be recorded with Alameda County substantially in the form attached hereto as Exhibits C and D, respectively. Agency shall disburse the Agency Loan to Owner upon written request for disbursement of funds substantially in the form attached hereto as Exhibi# F, specifying the amount and use of the requested funds, accompanied by (a) copies of bills and invoices from contractors or other third parties, (b) a statement indicating services supplied and the persons providing such services, and (c) any other such documentation as Agency may reasonably require. Agency shall pay each request for disbursement not later than sixty (60) days after approval of said request. 7. OWNER PARTICIPATION. Intentionally omitted. 8. HOLD HARMLESS AND INDEMNITY. 8.1 Owner shall hold the Agency, its elective and appointive boards, commissions, officers, agents and employees harmless from and against any loss, liability, expense, claim, casts, suits, damages of every kind, nature and description directly or indirectly arising from the performance of the obligations or undertakings of the Development by Owner. Owner shall defend Agency, its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused or alleged to have been caused, by reason of any of the obligations or undertakings of the Development by the Owner. 8.2 It is further provided that Agency does not, and shall not, waive any rights against Owner which it may have by reason of this hold harmless agreement because of the acceptance by Agency, or the deposit with Agency by Owner, of any of the insurance policies described herein. 8.3 It is further provided that this hold harmless agreement shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered by reason of any of the obligations or undertakings of the Development by the Owner, whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 8.4 However, it is agreed that Owner shall have no obligation to defend, indemnify or hold harmless the Agency or its elective and appointive boards, commissions, officers, agents and employees from any claim, petition or suit alleging that the Agency or its elective and appointive boards, commissions, officers, agents and employees acted improperly or failed to properly perform their governmental duties and functions including but not limited to, failure to follow the applicable law, failure to follow 5 Owner ~artici~ataon ~1gre~ent ~it~ u~ Sen ~ean~r~ ~e+~eve~~prr~en# ~#gen~y '~4d~-14~ Joaquin Avenge